2025_Diesel_Engine_Repair_Services.doc

CITY OF TAMPA

Purchasing Department

Gregory K. Spearman, CPPO, FCCM

Purchasing Director

JULY 18, 2018

INVITATION TO BID

Request for Proposal Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID NO. 11080818, DIESEL ENGINE REPAIR SERVICES will be received by the Director of Purchasing, City of Tampa, until 3:00 PM, AUGUST 8, 2018 then to be opened and read

A PRE-BID MEETING will be held at 9:00 AM, JULY 31, 2018 at the Department of Logistics and Asset Management/Fleet Maintenance, 1508 N. Clark Avenue, Tampa, FL 33607 to discuss the above referenced subject. PLEASE BRING A COPY OF THIS BID TO THE PRE-BID MEETING.

It is hereby made a part of this Invitation for Bid Request for Proposal that the submission of any Bid Proposal in response to this advertised request shall constitute a Bid made under the same conditions for the same contract price and for the same effective period as this Bid to all public entities in Hillsborough County. (A list of these entities is enclosed with this package).

This bid shall include a Bid Discount provision for City certified SLBEs or eligible WMBEs that meet the “Underutilized” designation within the industry category for this solicitation. The Industry Category is GOODS AND NON-PROFESSIONAL services. The City of Tampa’s WMBE policies are narrowly-tailored to identify Underutilized WMBEs by industry category (per City’s MBD Form-70). Bidders/Proposers who are certified SLBE or certified in the Underutilized WMBE category for the work/ scope detailed herein are eligible for a bid discount. In all cases, the Bidder/Proposer must be WMBE and/or SLBE certified prior to the opening date and time of the bid/proposal. As proof of certification, include copies of City of Tampa WMBE and SLBE certificates in the bid submittal. Details of the bid discount policy are described on Page 12, Section 4.39 of this bid.

Attached are important instructions and specifications regarding responses to this invitation. Failure to follow these instructions may result in your bid being disqualified.

Questions regarding this bid should be referred to Blake Leonard, CPPB, Certified Senior Procurement Analyst, by email: blake.leonard@tampagov.net . Questions pertaining to the Bid document will be accepted up to five days prior to the scheduled opening date and time referenced above.

Submission of bid responses by mail, hand delivery or express mail must be in a sealed envelope with the Bidder’s name and return address indicated. Type or print the Bid Number and Bid Title on the carrier envelope. Address the bid envelope as follows:

Purchasing Department

(This address is appropriate for mailing, Tampa Municipal Office Building, 2nd Floor hand delivery and express mail.)

306 E. Jackson Street

Tampa, Florida 33602

The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department.

Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and open to the Public. All bids received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No bid may be withdrawn or modified after the time fixed for the opening of bids.

Bids may be submitted electronically via the Internet as an attachment to an email addressed to BidControl@Tampagov.net. The subject line of the email should include the bid number. Verification of the City’s receipt of a bid submitted by email is the Bidder’s responsibility. To verify receipt of bids sent electronically, Bidders may contact the Purchasing Department at 813-274-8351. Failure of the City to receive such bid by the date and time specified on the Invitation to Bid will result in non-consideration.

STATEMENT OF NO BID

WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US

The Purchasing Department’s mission is to provide the best specifications in our Bid and Request for Proposal packages to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City’s Bid or Request for Proposal.

INSTRUCTIONS TO BIDDER

EXECUTED, SEALED BID: Submit the original and two copies of the bid response form, the Bidder’s Affidavit form and any other requested forms or documents furnished by the City in the bid package. Documents must be executed by an original signature of an authorized representative of the Bidder.

City of Tampa bids are issued electronically GETALL via DemandStar's eProcurement bid distribution system. Obtaining bids through Demandstar will ensure that vendor will have the following capabilities: receipt of bids electronically, track the status of bid award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of bid awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the bid packages may be incomplete. The City will not accept incomplete bids. Contact Demandstar at 800-711-1712 or visit www.demandstar.com/supplier for more information.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar.com/supplier for more information.

Bidders discovering any ambiguity, conflict, discrepancy, omission or other error in this BID, shall immediately notify the City of such error in writing and request modification or clarification of the BID. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Bidders who received an original BID from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to this BID opening date. The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the BID prior to submitting the bid or it shall be deemed waived.

Bid tabulations (results) will be posted to DemandStar and made available to bidders after the scheduled public opening of the sealed bids.

The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict.

The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations.

The Bidder is expected to carefully examine the entire bid package, including but not limited to the all provisions, terms, and conditions. Failure to do so will be at the Bidder’s risk.

GPC LISTING

City of Plant City

Buddy Storey Purchasing Manager

Drawer C

Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax wstorey@plantcitygov.com

Hillsborough Community College

Vonda Melchior, Director of Purchasing

39 Columbia Drive

Tampa, FL 33606

813-253-7060 – Telephone

813-253-7561 – Fax vmelchoir@hcc.fl.edu Tampa Sports Authority

Joe Haugabrook, Director of Purchasing

4201 N. Dale Mabry Highway

Tampa, FL 33607

813-673-4300 – Telephone

813-673-4312 – Fax jhaugabrook@tampasportsauthority.com

City of Temple Terrace

Judy Crutcher, Assistant Purchasing Agt.

P.O. Box 16930

Temple Terrace, FL 33687

813-506-6420 – Telephone

813-989-7185 – Fax jcrutcher@templeterrace.com

Hillsborough County Board of County Commissioners

Scott Stromer, Director

601 E. Kennedy Blvd., 25th Floor

Tampa, FL 33601 Phone: (813) 272-5790

FAX: (813) 272-6290

procurementservices@hillsboroughcounty.org

Tax Collector 601 E. Kennedy Blvd., 14th Floor

Tampa, FL 33602

Phone: (813) 307-6222

FAX: (813) 307-6521

www.hillstax.org

Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor

P.O. Box 1110

Tampa, FL 33601

Phone: (813) 276-8100 Ext.7721

FAX: (813) 272-5521

www.hillsclerk.com Hillsborough Co. Sheriff’s Office

Christina R. Porter, Chief Financial Officer P.O. Box 3371

Tampa, FL 33601

813-247-8032 – Telephone

813-242-1825 – Fax

CRPorter@hcso.tampa.fl.us

The Children's Board of Hills. County 1002 E. Palm Avenue

Tampa, FL 33605

Phone: (813) 229-2884

FAX: (813) 228-8122

www.childrensboard.org

Tampa-Hillsborough County Expressway Authority

1104 East Twiggs St. Suite #300

Tampa, Florida 33602

813-272-6740 – Telephone

813-276-2492 – Fax

Man.Le@tampa-xway.com

State Attorney’s Office

Mark Ober, State Attorney

800 E. Kennedy Blvd., 5th Floor

Tampa, FL 33602

813-272-5400 – Telephone

813-272-7014 – Fax

Ober_M@SAO13th.com

University of South Florida

George Cotter, Director

Purchasing Services

4202 E Fowler Ave SVC-1072 Tampa, FL 33620 813-971-3340 – Telephone gcotter@admin.usf.edu

Hillsborough Area Regional Transit Authority

Melissa Smiley

4305 E. 21st Street

Tampa, FL 33605

813-623-5835 – Telephone

813-664-1119 – Fax smileym@gohart.org Tampa Port Authority

Donna Casey, Procurement Analyst

P.O. Box 2192

Tampa, FL 33601

813-905-5164 – Telephone

813-905-5109 – Fax dwebb@tampaport.com

Property Appraiser 601 E. Kennedy Blvd., 16th Floor

Tampa, FL 33602

Phone: (813) 272-6100

FAX: (813) 272-5519

www.hcpafl.org

Hillsborough Co. Aviation Authority P. O. Box 22287

Tampa International Airport

Tampa, FL 33622-2287

Phone: (813) 870-8730

FAX: (813) 875-6670

www.tampaairport.com Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor

Tampa, FL 33602

Phone: (813) 276-8274

FAX: (813) 272-7043

www.votehillsborough.org

Tampa Palms Community Dev. Dist.

16311 Tampa Palms Blvd W

Tampa, FL 33647

Phone: (813) 977-3933

Fax: (813) 977-6571 www.tpoa.net

Hillsborough County School Board P. O. Box 3408

Tampa, FL 33601-3408

Phone: (813) 272-4329

FAX: (813) 272-4007

www.sdhc.k12.fl.us City of Tampa Housing Auth.

Jerome Ryans, President/CEO

1514 Union Street

Tampa, FL 33607

813-253-0551 – Telephone

813-4522 – Fax irenew@thafl.com

GENERAL CONDITIONS FOR

DIESEL ENGINE REPAIR SERVICES

1.1 SCOPE. This specification describes the labor and materials to repair in a first class, professional manner Diesel Engine Repair Services for the use of the Department of Logistics and Asset Management/Fleet Maintenance.

1.2 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below.

2.

QUALITY ASSURANCE PROVISIONS

2.1 TEST AND INSPECTION. It shall be the Awardee's responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The City of Tampa reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification.

2.2 QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the Director of Purchasing.

3. AWARDEE LIABILITY

3.1 GUARANTEE. The material(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period of 180 days or 6,000 miles/100 hours (electrical components 90 days) or the maximum warranty allowed by the original equipment manufacturer. Any parts or portions found not in accordance with this specification will be rejected by the City and returned to the Awardee at the Awardee's expense for immediate replacement.

3.2 NEXT LOW BIDDER. In the event of default by the Awardee, the City of Tampa reserves the right to utilize the next lowest Bidder as the new Awardee. In the event of this occurrence, the next lowest Bidder, if it wishes the award, shall be required to provide the bid items at the prices as contained on its proposal or bid for this specification.

4.

CONDITIONS

4.1 AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa “Open” Purchase Order. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. As relating to the Government Purchasing Council of Hillsborough County, any member may place orders as dictated by its individual entity’s preference.

4.2 QUALITY. The materials to be furnished shall be currently in production and shall be of the manufacturer’s standard or better quality.

4.3 QUANTITIES. The City shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification.

4.4 ALTERNATE BIDS. Bidders shall, as to each item, submit only one bid for the specified service listed on the bid response pages.

4.5 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty.

4.6 ADDITION/DELETION. The City of Tampa reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Tampa.

4.7 BID PRICES. Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification.

Prices quoted in the Proposal and Bid Response form shall include all shipping costs, shipped F.O.B. Tampa, Florida or to the facility location specified by the requestor or the purchase order.

All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee and shall be deemed to have been included in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use, transportation and excise taxes.

Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Awardee shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Awardee, the City and any indemnified party. This provision shall survive the termination of this award and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law.

4.8 BID EVALUATION. The evaluation of bids and the determination as to equality of material(s)/service(s) offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder.

4.9 ERROR IN BID CALCULATION. In the event there shall be a discrepancy between the stated total bid and the corrected sum of the correct multiplication of the stated unit price and the quantity specified, the corrected sum shall be considered the bid price.

4.10 BASIS OF AWARD. The City of Tampa reserves the right to award to multiple awardees this bid based on the lowest total cost of the sample jobs and an analysis of the how the sample jobs relate to the hourly labor rate and parts and materials % mark-up as indicated on the Bid Response Page. To be considered lowest responsive, responsible Bidder by aggregate, the Bidder shall have to bid on all items listed.

Award Criteria/Responsibility. The award will be made to the lowest responsive, responsible Bidder. To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder from a current financial report and the Bidder's credit rating; whether the Bidder has ever been declared in default of an award; the Bidder's insurability, eligibility for bonding; and any/all pertinent information deemed necessary to determine said responsibility.

Prior to award resulting from this solicitation, the successful bidder shall be registered to transact business in the State of Florida, and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the bid.

Any Bidder who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation.

An award will be made, if at all, within 120 days after opening of the bids.

4.11

COMMUNICATION POLICY.

During any solicitation period, including any protest and/or appeal, no contact with City officials or employees, other than with the individuals specifically identified in the solicitation, the Director of Purchasing or the Legal Department, is permitted from any proposer/bidder. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal.

4.12 AWARD PERIOD AND RENEWAL. The award period shall be for a one-year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for two additional one-year periods.

4.12.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City’s intent to renew shall be provided by the City in writing to the Awardee prior to the expiration of the contract, or the renewal period if the contract has been previously renewed.

4.13 NON-APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated.

4.14 PRICE ESCALATION/DE-ESCALATION. The City of Tampa will allow a price escalation/de-escalation provision within this award.

The original bid prices shall be firm for a 1-year minimum period. A price escalation/de-escalation will be allowed 1 year after the beginning of the award period and at 1-year intervals thereafter, provided the Awardee notifies the City of Tampa, in writing, of the pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de-escalation. The price escalation percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index (CPI) published by the U.S. Department of Labor’s Bureau of Labor Statistics. The City of Tampa obtains this CPI Index from The Municipal Cost Index, developed exclusively by American City and County Magazine and can be found at http://americancityandcounty.com/mciarchive/. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein.

If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Tampa, the City reserves the right to place the Awardee in default, cancel the award, and remove the Awardee from the City of Tampa Bidders List for a period of time deemed suitable by the City. In the event of this occurrence, the City of Tampa further reserves the right to utilize any and/or all options as stated herein.

4.15 PERFORMANCE. The Awardee may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services.

4.16 INSURANCE. This award/contract is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this bid document which should be reviewed for complete insurance details and coverage requirements. Without limiting Exhibit 1, including Awardee/Contractor’s responsibility to determine applicability (e.g. “IF APPLICABLE”), for purposes of this award the following coverages are hereby specifically deemed “ALWAYS APPLICABLE” (alpha designations match those of Exhibit 1):

a. Commercial General Liability (CGL) Insurance

Limits shall not be less than:

(a) $1,000,000 per occurrence and a $2,000,000 general aggregate for awards valued at $2,000,000 or less.

(b) For awards valued over $2,000,000, a general aggregate limit that equals or exceeds the award’s value.

b.

Automobile Liability Insurance shall be maintained in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. The amount of Automobile Liability Insurance shall not be less than the amount specified.

(a) $500,000 combined single limit each occurrence bodily injury & property damage

(b) $1,000,000 combined single limit each occurrence bodily injury & property damage

The letter preceding the limits of coverage indicates the insurance required for type of award based on Total Proposal Price.

(a) under $100,000

(b) $100,000 and over

c. Garage Liability Insurance shall be provided on the most current Insurance Services Office (ISO) form or its equivalent covering general and automobile exposures. The amount of Garage Liability Insurance shall not be less than the amount specified.

$1,000,000 combined single limit each occurrence.

d.

Garage Keepers Liability Insurance shall be provided on the most current Insurance Services Office (ISO) form or its equivalent covering general and automobile exposures. The amount of Garage Liability Insurance shall not be less than the amount specified.

$100,000 collision and comprehensive per vehicle.

e. Worker’s Compensation (WC) and Employer’s Liability Insurance

Employer’s Liability limits shall not be less than:

(a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for awards valued at $100,000 and under.

(b) $1,000,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for awards valued over $100,000.

Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than a A.M. Best rating of no less than A-, Class VII, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing.

Within ten working days of receipt of notification of intent to award, the successful Bidder/Proposer shall provide the City of Tampa Purchasing Department the required insurance on the Acord 25 Certificate of Insurance form (or its equivalent). Failure to furnish by the 10th working day may disqualify Bidder/Proposer as non-responsible, unless the due date is extended by the Director of Purchasing or his Designee.

The City of Tampa may from time to time use a third party vendor (presently Ebix BPO) to manage its insurance certificates and related documentation which vendor may periodically initiate contact, requests for information, etc. on the City’s behalf.

4.17 INSPECTION. The City of Tampa reserves the right to inspect the Bidder's place of business and equipment prior to awarding any award to determine the responsibility of said Bidder to perform or provide the requirements of the bid request.

4.18 AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa.

4.19 DEFAULT/RE-AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee upon non-performance or violation of award terms, including the failure of the Awardee to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event an award is cancelled because of the default of the Awardee, the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next lowest bidder and establish the period of such award, provided such period is no longer than the award period set forth in this specification.

4.20 CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards or contracts resulting from this specification may be cancelled by the following means:

4.20.1 10-day written notice with cause; or

4.20.2 30-day written notice without cause.

4.21 REJECTION. The City of Tampa reserves the right to cancel, reject any and/or all bids, or to waive any irregularities and accept that bid which is the lowest and best.

4.22 GOVERNMENT PURCHASING COUNCIL. Hillsborough County Government Purchasing Council members, may at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document.

4.23 USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa.

4.24 CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award/contract to provide any goods or services to a public entity, may not submit a bid on an award/ contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)]

4.25 FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection and copying. If the Bidder is asserting that certain information in its Bid is confidential and/or proprietary and/or exempt from public disclosure, then the Bidder is required to do the following: (1) identify, with specificity, the information which the Bidder asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the Bidder's other Bid documents, (3) clearly label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Bidder's name and the Bid number marked on the outside, and (4) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations. The envelope that contains the Bidder's confidential/proprietary/exempt information must be submitted with the Bidder's other Bid documents. Bidder is advised that failure to follow the aforementioned instructions may result in Bidder's alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this Bid will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.*

Be aware that the designation of an item as exempt from public disclosure by a Bidder may be challenged in court by any person or entity. By designation of material in your Bid submittal as exempt from public disclosure, Bidder agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Bidder’s designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure.

*Note: The City will not accept Bid submittals when the entire submittal is labeled as exempt from public disclosure. Bidder’s References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Bid submittal as “non-responsive”.

4.33.1 In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

4.33.2 In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies.

4.33.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Awardee agrees to comply with Florida’s Public Records Law, including the following:

1.

Awardee shall keep and maintain public records required by the City to perform the services;

2.

Upon request by the City, provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

3.

Ensure that records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if Contractor/Awardee/Successful Proposer does not transfer the records to the City;

4.

Upon completion (or earlier termination) of the award, Awardee shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Awardee or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Awardee transfers all public records to the City upon completion (or earlier termination) of the award, Awardee shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Awardee keeps and maintains public records upon completion (or earlier termination) of the award, Awardee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.

5.

The failure of Awardee to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Awardee until records are received as provided herein.

6.

IF AWARDEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO awardee’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-274-8351, COTPurchasing@TAMPAGOV.NET, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FLORIDA 33602.

4.26 PROCUREMENT PROTEST PROCEDURES. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City’s intent to award and may be filed by an actual bidder or proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed.

All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission.

4.27

LAWS, CODES AND ORDINANCES.

The Successful Bidder/Proposer shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid/proposal.

4.28 AUDIT RIGHTS. The Awardee will keep adequate records and supporting documentation applicable to this contractual matter. Said records and documentation will be retained by the Awardee for a minimum of three (3) years from the date of termination of this Award. The City and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as the City deems necessary during the period of this Award and during the period of three (3) years thereafter. The three (3) year time period will be extended until audit findings are issued if an audit is initiated during the three (3) year period. Such activity shall be conducted only during normal business hours. The City, during the period of time expressed by the preceding sentence, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Awardee as concerns the aforesaid records and documentation.

4.29 CITY OF TAMPA ETHICS CODE. The Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522)

Moreover, each Bidder responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Awardee shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d))

Please note that the City's Ethics Code may be accessed on the Internet by utilizing the web link below:

http://www.tampagov.net/appl_Message_Center/external.asp?strServiceID=246

Tampa's municipal codes are published online by the Municipal Code Corporation.

Printed copies of the Ethics Code can be obtained from the City Clerk's Office for a fee of $0.15 cents a page.

4.30 MINIMUM WAGE AMENDMENT. The Awardee/Contractor shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005.

The rate of wages for all persons employed by the Awardee/Contractor on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188) enacted August 20, 1996.

4.31 INVOICING. The Awardee shall furnish the City complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal document on the bid response/pricing sheets. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information:

· Invoice number;

· Company Name;

· Purchase order number;

· Location and dates of delivery;

· Cost of items as stated on Bid Response and extended price to reflect total cost for number of items received.

· City of Tampa vehicle identification number

4.32 SUB-CONTRACTING SUBMITTALS. No Awardee shall assign the award/contract or any rights or obligations thereunder without the written consent of the City. The Awardee shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms:

· Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10

· Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20

These forms must be completed (including signatures) and submitted with all bids or proposals. Submittals that do not contain these completed forms shall be deemed “non-responsive”. Instructions on completing the forms are included after each form in this bid package.

Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative.

Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor or manufacturer.

4.33 PAYMENT. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. seq., the Local Prompt Payment Act. Bidders that accept Visa/Mastercard payments can be enrolled in the City’s ePayments program for faster payment turnaround, by contacting the City’s Accounts Payable Department at acctspayable@tampagov.net.

4.34 SCRUTINIZED COMPANIES. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are (1) on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria.

A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount.

A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more.

Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met.

If the City determines the Bidder/Proposer submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the Awardee has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Awardee notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes.

4.35 DATA COLLECTION. Pursuant to Section 119.071(5)(a), Florida Statues, social security numbers collected from bidders are used for identification, verification, and tax reporting purposes.

4.36 SUBSTITUTION. The Awardee shall not substitute items for like items without the approval of the City. Any violation of such procedures may result in a possible award cancellation. All approved substitutes shall be annotated as such on the Awardee's shipping document(s).

4.37 ASSIGNMENT. This award, and all rights or obligations hereunder, shall not be assigned, transferred, or delegated in whole or in part, including by acquisition of assets, merger, consolidation, dissolution, operation of law, change in effective control of the Awardee, or any other assignment, transfer, or delegation of rights or obligations, without the prior written consent of the City. Awardee shall provide written notice to the City within fifteen (15) calendar days of any action or occurrence assigning the award or any rights or obligations hereunder as described in this section. In the event the City does not consent to the assignment, as determined in its sole discretion, the purported assignment in violation of this section shall be null and void, and the City may elect to terminate this award by providing written notice of its election to terminate pursuant to this provision upon fifteen (15) days notice to Awardee. Action by the City awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the ITB, without exception shall constitute approval for purposes of this contract. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Awardee’s consent or approval) to a governmental successor of the City.

4.38 EMPLOYEE VERIFICATION. Awardee must utilize the U.S. Department of Homeland Security’s E-Verify Systems to verify the employment eligibility of all persons employed during the term of the award to perform employment duties within the State of Florida and all persons, including subcontractors, assigned by Awardee to perform work pursuant to the award.

4.39 SMALL LOCAL BUSINESS ENTERPRISE (SLBE) AND UNDERUTILZED WOMAN AND MINORITY OWNED BUSINESS ENTERPRISE (U-WMBE) PARTICIPATION. Pursuant to the City of Tampa Equal Business Opportunity Program (Chapter 26.5, City of Tampa Code), in an effort to promote increased opportunities for Small Local Business Enterprise (SLBE) and underutilized Woman and Minority Owned Business (U-WMBE) participation, the City has determined that a bid discount shall be applied to the bids of City of Tampa certified SLBEs and underutilized WMBEs upon evaluation. *For an SLBE, there shall be a five percent (5%) discount applied to the total bid amount, up to a maximum of $10,000. and for WMBEs whose WMBE classification is designated “underutilized” (per MBD Form-70), there shall be a five percent (5%) discount applied to the total bid amount, up to a maximum of $20,000. The bid discount shall be deducted in the evaluation for each City of Tampa certified/discount-eligible company when determining the apparent low bidder. The bid discount shall be used for evaluation purposes only.

For additional information about the SLBE and WMBE programs, FAQs, and the registry of certified companies, please refer to the City’s website http://www.tampa.diversitysoftware.com Questions regarding the City of Tampa Equal Business Opportunity Program should be referred to the Minority and Small Business Development Office at (813) 274-5522.

Bid Discount Illustration

Bid Discount

(*Not to Exceed CAPS) Adjusted Bid for Evaluation Purposes Only

Bidder #1

(Non-Certified)

Certified Bidders

#2. SLBE

#3. U-WMBE

#2. $305,000

#3. $308,000 *Calculate Discount

#2. $10,000

#3. $15,400 Evaluation Value

#2. $295,000

#3. $292,600 (Apparent Low Bidder)

Bidder #4

(Non-Certified)

5.

INDEMNIFICATION

Awardee releases and agrees to defend, indemnify and hold harmless the City, its officers, elected and appointed officials, employees, and/or agents (collectively, the “Contractor” from and against any and all losses, liabilities, damages, penalties, settlements, judgments, charges, or costs (including without limitation attorneys’ fees, professional fees, or other expenses) of every kind and character arising out of any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character cause by or resulting from, directly or indirectly, in whole or in part, by any act, negligence, recklessness, wrongful misconduct, omission or other conduct of Awardee or any tier of subcontractor/subconsultant/ supplier, agent, employee, or…